Articles
Implementasi Peraturan Bupati Gianyar Nomor 57 Tahun 2018 terhadap Penyediaan Fasilitas Parkir di Kawasan Pariwisata Ubud
Anak Agung Istri Pradnya Paramitha;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2125.32-37
Changing the habits of tourists and the community using the road as a parking lot is still considered truly difficult. Efforts made by the government, such as providing a parking center and firm action for offenders who still use the road as a parking lot in the Ubud tourism area, have also not been able to solve this problem. The problems discussed in this study are the effectiveness of the implementation of the Gianyar Regent Regulation (Perbup) Number 57 of 2018 related to the provision of parking facilities in the Ubud tourism area and the factors that influence the occurrence of parking violations in the tourism area. The research was designed using empirical legal research which is also known as field research. The results of the study reveal that the effectiveness of the implemention of the Gianyar Perbup Number 57 of 2018 related to the provision of parking facilities in the Ubud tourism area has not been effective because of the many parking problems existing in the area. The factors influencing the occurrence of parking rules violations in the parking area include internal factor and external factor. Firmness from the implementing agency of the Perbup is needed so that the regulation can be more effective and the vehicle owners are expected not to park their vehicles carelessly.
Perlindungan Hukum bagi Pedagang Mobil Bekas terhadap Konsumen yang Melakukan Wanprestasi
Bagus Putu Lanang Agastya;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2130.63-67
The sale and purchase of expertise in contract law regarding the terms of the legality of the agreement and all the provisions in the legal agreement governing the sale and purchase activities and protecting the parties from default regarding the rights and obligations of each party. The purpose of this study is to determine the form of legal protection regulations for used car dealers against consumers who default and respond to the law for consumers who default. This study uses a normative method. The data analysis technique was carried out systematically using legal arguments and presented in a descriptive form. The results showed that in order to protect the parties from a default, it is necessary to have an agreement that is binding in nature and each of them has rights and obligations if it is violated, it will set a sanction in accordance with the agreement made in general in the form of compensation. Meanwhile, the result of default by the consumer must be responsible and compensate according to the agreement between the two parties. Therefore, through this research it is hoped that trade activities are carried out and implement the importance of agreements and pay attention to all requirements in the law. The goal is to protect yourself from unwanted events.
Anak Sebagai Korban Tindak Pidana Perdagangan Orang Menurut Undang-Undang No. 35 Tahun 2014
Gede Agus Sukawantara;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2138.220-226
Children are a mandate and a gift from God Almighty. Dignity as a human being is also inherent in them. Children are the potential successor and young generation who carry forward the ideals of the nation's struggle. They have a strategic role and special characteristics that ensure the continuity of the nation and state in the future. In order for each child to be able to bear this responsibility in the future, she/he needs to have the widest possible opportunity to grow and develop optimally, physically, mentally, socially, and nobly. Therefore, it is necessary to make efforts to protect the welfare of children by providing guarantees for the fulfillment of their rights as well as treatment without discrimination. This research was conducted with the aim of describing how the legal protection of children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection and how the sanctions against the perpetrators of child trafficking. The research method used in this research was normative legal research. The results of this study indicated that legal protection for children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection includes the protection of dignity, as well as recognition of human rights possessed by children based on legal provisions of abuse. In addition, the sanctions against the perpetrators of child trafficking are regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.
Akibat Hukum terhadap Tindak Pidana Perjudian Balap Liar di Kota Denpasar
Gede Indra Yasa Asiawan;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2141.109-114
Every citizen has different characteristics and desires every day including Indonesian citizens from young people to old ones have varied ambitions in life and action. The behavior of each individual in order to achieve various goals, either hobbies or ways of living life which is also limited by government regulations that require a person to obey the current positive laws. This research discusses how the regulation of gambling of illegal racing in Denpasar City and how the effect of consequences of gambling of illegal racing in Denpasar City. The method used in this research is a type of normative legal research which is carried out by the method of recording and reviewing legal materials. The results of this study indicate that the regulation of criminal acts committed by adolescents in illegal racing has not been regulated in certain regulations, but the acts committed by these teenagers have violated the provision of Law No. 22 of 2009, while the final result of the sanctions imposed by the police on gambling of illegal racing is not very effective, because the sanctions are only in the form of warnings and then called by their respective parents, if they are caught doing it again or someone is still doing it and gets the same act then their vehicle is ticketed or detained. As for preventive legal protection regarding prevention, it has been carried out not only from the police, but from the community, village heads or village officials and especially parents whose children are involved in this group, who contribute more in overcoming and preventing future actions that breaks the law.
Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL)
Gemaya Wangsa;
Anak Agung Sagung Laksmi Dewi;
I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2145.130-134
The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.
Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak
I Komang Widnyana;
Anak Agung Sagung Laksmi Dewi;
Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2158.197-202
The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.
Penculikan Anak oleh Orang Tua (Studi Kasus di Pengadilan Negeri Gianyar)
I Komang Oka Raharja;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2543.388-392
Every neglected children must be given protection from institutions or laws which aims at protecting their rights. Children have often been victims of crimes, one of which is kidnapping. Regarding the kidnapping of children, Law Number 35 of 2014 concerning Child Protection stipulates that the incidents of kidnapping and neglected children by parents can cause physical and psychological harms to those neglected children and the unfulfillment of their rights. Therefore, it is necessary to impose criminal sanctions on parents or other people who neglect children. Grounded by this, the problems examined in the present research are: How is the legal protection for children from kidnapping by parents regulated? What are the legal sanctions against parents who commit kidnapping over their children? The research method used in this research is normative juridical, with statutory, conceptual, and case approaches. Data were analysed using a qualitative-normative method. Based on the results of data analysis, the regulation of legal protection for children from kidnapping committed by parents is that every parent shall ensure the fulfillment of children’s rights so that they can live, grow and develop and participate optimally in accordance with human dignity, so that they receive protection from violence and discrimination for the sake of the realisation of Indonesian children who are qualified, noble and prosperous. The legal sanctions against parents kidnapping their children are regulated in Article 330 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) to 1 KUHP with due observance of Article 330 paragraph (2) KUHP jo. Article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and applicable laws and regulations.
Eutanasia dalam Perspektif Hak Asasi Manusia dan Hukum Positif di Indonesia
I Gusti Agung Gede Utara Hartawan;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2564.310-314
Euthanasia legislation has been approved and enforced in European countries such as the Netherlands. This provides a way for the patient's family with an incurable disease to end the patient's life in order to end the patient's suffering. In Indonesia, currently there are no legal norms that regulate euthanasia. This study aims to analyze euthanasia from a human rights perspective and to know euthanasia from a positive legal perspective in Indonesia. Research is included as normative research with a conceptual approach and statutory regulations. The results of this study indicate that euthanasia is contrary to article 28A, article 28G paragraph (2), and article 28I paragraph (1) of the 1945 Constitution of the Republic of Indonesia and articles 338, 340, 344, 345 of the Criminal Code. In the event that there is a request for euthanasia from the patient or the patient's family, the doctor must reject the request and the decision to implement euthanasia should wait for a court decision
Upaya Perlawanan sebagai Akibat Pernyataan Dismissal oleh Ketua Pengadilan Tata Usaha Negara (Studi Kasus di Pengadilan Tata Usaha Negara Denpasar)
Anak Agung Tias Sandya Dianti;
Anak Agung Sagung Laksmi Dewi;
I Nyoman Sugiarta
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2592.260-265
The State Administrative Court (PTUN) is held to resolve conflicts of interest that cause disputes between State Administrative Bodies or Officials and citizens. The object of the dispute becoming the authority of PTUN is a written stipulation issued by a State Administration Agency or Official which causes legal consequences and harm to a person or legal entity in a civil manner which is included in the definition of a State Administrative Decree and contained in Article 2 of Law No.5 1986. This study focuses on the resolution of resistance efforts as a result of dismissal statements by the Chairman of the State Administrative Court and the basis for consideration of the Panel of Judges in deciding the case. To achieve this goal, exploration with this research is carried out using a qualitative research design. The results show that the PTUN Law which is used as a reference in stating a lawsuit can be processed or not through the screening stage, which will then be examined and decided by the appropriate Judge, appointed by the Chief Justice with a short procedure. If the plaintiff’s resistance is accepted, the dismissal determination does not pass by the head of the court is canceled. Furthermore, the subject of the lawsuit will be examined and decided according to an ordinary procedure, and vice versa, if the verzet is rejected by the panel of judges examining it, the plaintiff can no longer take legal action. In deciding cases of resistance action as a result of dismissal, it is stated that the decision on the object of the dispute is included in the category of decisions that are exempt from being a State Administrative Decree.
Implementasi Peraturan Bupati No 58 Tahun 2014 terhadap Pengelolaan Arsip di Dinas Kearsipan Kabupaten Badung
Anak Agung Dinda Trisna Kesumadewi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2596.237-242
Archiving has an important role for running of an administration process of an organization. Archiving serves as a source of information and monitoring tools which are needed by every organization in making reports, accountability, assessment and control as precisely as possible. The problems in this study are: 1) How does the process of arrangement active and inactive dynamic archive in the Archive Management Unit in Archives and Library Service Badung Regency in accordance with Badung Regent Regulation Number 58 of 2014? 2) What efforts are made by the Archives and Library Service Badung Regency so that every government agency in the Badung Regency Government implements the Badung Regent Regulation No. 58 of 2014 in the management of archive?. The technique of collecting the data was done by using the method of recording. Data is then analyzed using systematic legal interpretation and legal arguments based on deductive logic. The conclusions of this study are: 1) the process of active and inactive dynamic archive arrangement in the Badung Regency Archives and Library Management Unit is to use classification codes and indexes. 2) Obstacles and Library Constraints in implementing Regent Regulation No. 58 of 2014 is that people's thoughts on filing are not well understood, facilities and infrastructure are still lacking, management staff at each SKPD do not understand about archival management, and Head of Service at each SKPD is less concerned with archive management personnel. The efforts of the Department of Archives in implementing Regent Regulation No. 58 of 2014 are by developing archival human resources, archiving socialization, archiving guidance, and community participation.